“Can’t Pay, we’ll take it away.” Ch 5 last night
12:12 PM, 25th September 2014, 12 years ago
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Quite interested to see on last night’s programme that a woman was evicted suddenly by High Court enforcement officers. They said, had the eviction gone through the normal court it would have taken six weeks but if you decided to refer it to the High Court they will do it within 24 hours!
Does anyone have experience of this?
A friend is currently evicting none paying tenants and this was not something I’ve come across before.
Cheers
Gillian
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Member Since October 2014 - Comments: 14
4:43 PM, 8th October 2014, About 12 years ago
I hope there is a quicker way of evicting tenants because as a letting agent, my experience has been it can take up to a year. Have a read of my experience at my blog of evicting a tenant here https://www.rentaljoy.com/blog/2014/10/the-tenant-who-wouldnt-leave-or-pay-rent/#more-788
Member Since March 2014 - Comments: 143 - Articles: 129
4:59 PM, 8th October 2014, About 12 years ago
It’s never a speedy process but certain aspects regarding the enforcement can be improved if you know how.
Always happy to give you advice Colin, feel free to contact me.
Member Since January 2011 - Comments: 12196 - Articles: 1396
5:01 PM, 8th October 2014, About 12 years ago
Reply to the comment left by “David Carter” at “08/10/2014 – 16:59“:
David, you need to update your member profile to business sponsor status to include your contact details.
.
Member Since March 2014 - Comments: 143 - Articles: 129
5:03 PM, 8th October 2014, About 12 years ago
Will do.
Member Since June 2013 - Comments: 704
5:49 PM, 8th October 2014, About 12 years ago
Colin
I’ll read your blog but I have said it before and will say it again it should NEVER take much more than 6 months to evict a tenant unless you also count the initial 2 months (or almost 3 months in a periodic) AND you initially get thrown out and have to re-serve etc.
With APP if there is no error in the legal papers then no matter what the tenant writes in the defence statement and sends back to the Court it should never take more than 12 weeks to get an Order.
In standard proceedings granted a cute tenant can get postponements and keep the clock ticking – but 12 months?
Change solicitors would be my initial advice (or if doing it yourself, employ solicitors!!)
Member Since May 2014 - Comments: 53
12:55 PM, 21st October 2014, About 11 years ago
Edited due to attack of commonsense.
Member Since March 2014 - Comments: 143 - Articles: 129
12:59 PM, 21st October 2014, About 11 years ago
Reply to the comment left by “Industry Observer ” at “08/10/2014 – 17:49“:
I doubt it’s the possession order that is taking so long, it will be this added to the delays in enforcement by the County Court Bailiff. We are seeing some client’s being quoted 6 months after the possession date. Hence the reason for this thread.
Member Since May 2014 - Comments: 53
1:01 PM, 21st October 2014, About 11 years ago
Reply to the comment left by “Industry Observer ” at “29/09/2014 – 10:15“:
As a buyer, and a seller, I *hated* HIPS.
Another futile leaning tower of bureaucracy.
Matt
Member Since June 2013 - Comments: 704
1:39 PM, 21st October 2014, About 11 years ago
@ David
That is incredible I have never known a delay of more than 6 weeks for bailiff attendance and that was because the bailiff was ill, a reserve was not available and it had to be delayed 2 weeks from an initial 4 weeks.
Even where tenants have tried to further delay I have never known a case where once the Court instructed the bailiff to attend it took longer than that. How can it posssibly take 6 months unless the Court itself is intervening and for some odd reason having futher hearings or similar?
@ Matt
Congratulations you are the first buyer ever to say they did not like HIPS. As it is free, causes no additional delays and gives you extra information what as a buyer is there not to like about HIPS?!!
Member Since March 2014 - Comments: 143 - Articles: 129
1:47 PM, 21st October 2014, About 11 years ago
Reply to the comment left by “Industry Observer ” at “21/10/2014 – 13:39“:
Part of the reason appears to be a reduction in staff with many taking voluntary redundancy last year. We hear daily of delays of six weeks and over from most courts around the country.
Understandably this has seen a significant rise in Section 42 applications to transfer proceedings to the High Court and use HCEOs like ourselves. If the application is included in the original order it is almost always granted and we can do it within days.
The downside is the cost which varies from £300 – £800 depending on who you use but when you offset that against the loss of rental income and potential further damage to property you can see why this route is becoming a favoured option.